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Split Decision26 September 20243337025

Thistleyfield Rear and West of Orchard Place, Southend Arterial Road, Rayleigh, Essex, SS6 7TU

Planning appeal 3337025 at Thistleyfield Rear and West of Orchard Place, Southend Arterial Road, Rayleigh, Essex, SS6 7TU (Castle Point Borough Council) was allowed in part (a split decision) on 26 September 2024 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework.

The use of land for the stationing of caravans for residential purposes

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Merrett R
Postcode
SS6 7TU

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework
  • the effect of the development on the openness of the Green Belt and the purposes of including land within the Green Belt
  • the effect of the development on the character and appearance of the landscape
  • the question of the need for Gypsy and Traveller sites
  • the personal circumstances of the site occupiers
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
  • Whether the development would be inappropriate development in the Green Belt for the purposes of the Framework and development plan policy
  • the effect of the stables, earth levelling and bunding on the openness of the Green Belt and the purposes of including land within the Green Belt
  • the effect of the stables, earth levelling and bunding on the character and appearance of the landscape

What decided it

The absence of clearly outweighing very special circumstances for the Green Belt harm caused by the residential caravan use and by the disproportionately scaled stables and bunds, contrasted with the finding that the horse-keeping use and land levelling preserved openness and did not conflict with the development plan.

The Green Belt harm from inappropriateness and limited openness harm from the residential caravan use was not clearly outweighed by the moderated weight given to unmet Traveller need and personal circumstances; for the stables and bunds no other considerations were found to outweigh the identified Green Belt and landscape harm, whereas the horse-keeping use and land levelling attracted no countervailing harm and were found to accord with the development plan.

What the Inspector cited

Development plan policies
Policy EC20
National Planning Policy Framework
Paragraph 142Paragraph 143Paragraph 152Paragraph 154Paragraph 155
Judgments
Turner v SSCLG & East Dorset Council [2016]; Europa Oil and Gas Limited v SSCLG [2013] EWHC 2643 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Castle Point

The authority’s record since 2016 · every decision in 2024

  1. Dismissed6 October 20266009589
    1 Mount Zion, Castle Lane, Hadleigh, SS7 2AR
  2. Notice upheld30 September 20263356036
    141 Rayleigh Road, Benfleet, SS7 3YN
  3. Allowed14 September 20266007184
    Land South Of Daws Heath Road, Thundersley, SS7 2TA
  4. Notice varied and upheld4 September 20263350293
    The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
  5. Dismissed27 May 20266002484
    Daxhamen Bassenthwaite Road, Thundersley, Benfleet, Essex, SS7 3JG

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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